A suit cannot be removed from a state court to a circuit court
of the United States on the ground of prejudice or local influence,
under subsection 3 of § 639 Rev.Stat., unless all the
plaintiffs or all the defendants are citizens of the state in which
the suit was brought and of a state other than that of which those
petitioning for the removal are citizens.
Page 119 U. S. 587
This was an appeal from an order of the circuit court remanding
to a state court a cause removed thence to the circuit court. The
case is stated in the opinion of the Court.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
The order remanding this case is affirmed. A suit cannot be
removed from a state court to a circuit court of the United States
under subsection 3 of § 639 of the Revised Statutes on the
ground of "prejudice or local influence" unless all the plaintiffs
or all the defendants are citizens of the state in which the suit
was brought and of a state other than that of which those
petitioning for the removal are citizens. Here it appears that
Hancock, the plaintiff, on whose petition the removal was had, is a
citizen of New York, and Eliza Jane Holbrook and George Nicholson,
two of the defendants, and those principally interested in the
litigation, citizens of Mississippi, while R. W. Holbrook and
Richard Fitzgerald, the other defendants, are alone citizens of
Louisiana, where the suit was brought. These Louisiana defendants
are necessary parties to the suit, but, according to the record,
those who are citizens of Mississippi are the real parties in
interest.
Affirmed.